Drivers who smoke at the wheel to be hit with £60 fine and three penalty points

Thursday 27 September 2007 23:52 BST

Drivers who smoke at the wheel could face prosecution

Drivers who smoke at the wheel could face prosecution under changes to the Highway Code.

Lighting-up at the wheel has been added to the list of "distractions" which police and lawyers can cite in court when seeking a conviction for a traffic offence.

It joins eating and drinking, "inserting a cassette or CD or tuning a radio", "arguing with your passengers or other road users", trying to read maps, and - even playing loud music - most, if not all, of which have featured in successful prosecutions.

Up to one in four UK adults smoke, which could mean more than eight million of the nation's 33 million motorists are at risk.

Brian James, road traffic chairman of the Magistrates Association, said that although the code carries no legal force, failure to observe its advice could be used as evidence that an offence had been committed.

The new Highway Code, the first for eight years, has increased in size by about 50 per cent and contains 29 more rules. There is also a new section for novice drivers.

Andrew Howard, the AA's head of road safety, said last night: "The Highway Code is the definitive guide to safe and lawful road use.

"It has grown since 1931 from 18 pages to 135, reflecting the complexities of modern motoring.

"A major change is the inclusion of smoking at the wheel as behaviour that police may interpret as a distraction and failure to be in proper control of the vehicle.

"It can - and no doubt will - be used in court as corroborating evidence."

A recent report by academics at Brunel University warned that car crashes could rise as the ban on smoking in public places leads more people to take a drag at the wheel.

It said smokers drive 23 per cent faster and are more inconsistent than non-smokers.

The report for insurance company Privilege reinforced growing calls for smoking while driving top be made a criminal offence like using a mobile phone, which now attracts three penalty points and a £60 fine.

Supporters say holding a cigarette is equally dangerous.

The code's new section for novice drivers tells them:

- If you are driving with passengers, you are responsible for their safety;

- Don't let them distract you or encourage you to take risks;

- Never show off or try to compete with other drivers, particularly if they are driving badly.

• Only one in 20 accidents are caused by drivers breaking the speed limit, Government figures showed yesterday.

A failure to look properly at the road and traffic is a bigger reason. It was a contributory factor in more than a third of accidents and one in five deaths last year, according to the Transport Department.